Morgan v. Burr
Supreme Court of New Hampshire
Case, for flowing the plaintiff’s land. Besides the issue whether any part of the plaintiff’s land was flowed, the boundary line on that part where the fiowage was claimed was in dispute.
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Case, for flowing the plaintiff’s land. Besides the issue whether any part of the plaintiff’s land was flowed, the boundary line on that part where the fiowage was claimed was in dispute. The plaintiff offered in evidence a judgment recovered against the defendant’s grantors (the former owners of the defendant’s dam and mills) for injuries to his land by reason of fiowage caused by said dam, between the tenth day of May and the first day of October, and claimed that this judgment was conclusive on the question as to the right of the defendant to raise his pond to the height of said dam,…
1Opinion of the CourtClark, J.
A judgment may be used as evidence between the same parties and their privies, as a bar, in another action for the same cause. The matter may be pleaded, if there be an opportunity to plead it, and when so pleaded it is conclusive. When there is no opportunity to plead the judgment in bar, it may be given in evidence, and is equally conclusive of the matter which is established by it. Dame v. Wingate, 12 N. H. 291; King v. Chase, 15 N. H. 9; Sanderson v. Peabody, 58 N. H. 116.
But the judgment is conclusive only upon the matter which was directly in issue upon the former trial; and by the “…
2Cases cited8 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Campbell v. RankinSupreme Court of the United States · 1879
- Emery v. FowlerSupreme Judicial Court of Maine · 1855
- Walker v. ChaseSupreme Judicial Court of Maine · 1865
- White v. ChaseMassachusetts Supreme Judicial Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Scammon v. PearsonSupreme Court of New Hampshire · 1921
- Burns v. BurnsSupreme Court of New Hampshire · 1894
- Eastman v. ClarkSupreme Court of New Hampshire · 1884
- Stillings v. HaleySupreme Court of New Hampshire · 1896